Thienes claims she was a passenger in a taxi about 3:50 a.m. on Dec. 13, 2009, when she tried to order a cheeseburger through the drive-through lane of the restaurant at 23 N. Western Ave.

An employee allegedly told her in an “aggressive, unfriendly tone” that only breakfast menu items were available and that Thiesen couldn’t have a cheeseburger, according to the suit.

When Thienes tried to order a ham, egg and cheese bagel, the employee “yelled” that bagel sandwiches didn’t come with ham, so the woman ordered a bagel sandwich with bacon instead, the suit said.

The employee allegedly “continued to scream” at the woman through the drive-through speaker system and, when the taxi approached the pick-up window, the worker “stuck her head out of the window and spit directly onto [Thienes’] face,” according to the suit.

A statement issued Thursday McDonald’s frachisee Ron Lofton said, “While we are aware of this claim, we have not been served with a lawsuit. As always, we investigate claims to gather the facts, and take action, as appropriate.

“We strongly caution anyone from jumping to conclusions, without having the facts. At this time these are just allegations. Because this is an ongoing legal matter, it would be inappropriate to further comment or speculate at this time.”

A McDonald’s manager said the whole incident was caught on surveillance video, according to the lawsuit. Thienes filed a police report about the spitting incident the next day, the suit said.

The three-count suit claims intentional infliction of emotional distress, battery and negligence. It seeks at least $300,000 in damages.

A body was discovered Sunday in the search-and-recovery mission for a west suburban woman who went missing off a northwest Indiana beach after she and two other swimmers got caught in a rip current Friday evening.

Follow CBS Chicago

Are you a SUPERGIRL fan? CBS is sending one winner and their guest to the Supergirl pilot and advanced screening with front row seating at one of Chicago’s biggest fan conventions, Wizard World Chicago Comic Con! Register for a chance to win this VIP experience which also includes two (2), 4-day passes with VIP badge lanyards and early admission to the show […]

Football fans Tito's Handmade Vodka wants to find the Best Football bar in Chicago and needs your help. Place your vote for your favorite place to watch the game! You may be one of 50 lucky winners to win a invite to join Tito's for their game day watch party on October 4th. It's the 'Best football bar in Chicago' contest presented b […]

If a no hitter is thrown on the South side on August 14th, 15th or 16th, you might win $25,000 in the South Side No Hitter contest presented by U.S. bank. Click on the adjacent banner to register for your chance to win twenty five thousand dollars See website for official rules. U.S. Bank. Member FDIC.